Where it is alleged that practical difficulties, unnecessary hardships or results inconsistent with the purposes of this title would result from the strict and literal interpretation of this title and the enforcement thereof, the board of adjustment shall have the authority to investigate and hear applications for variances from the strict application of provisions of this title and thereafter grant in whole, or in part, or deny such applications in the following cases:

A.

To vary any of the requirements of this title in the case of a parcel that is exceptionally narrow, shallow or of unusual shape, or where unusual topographic or other exceptional or extraordinary conditions exist and limit the use of such parcel, but only to the extent necessary to secure a building or structure practicable in construction and arrangement on such parcel;

B.

To permit modifications in any of the requirements of this title where adjacent to a parcel there is a legal nonconforming use, or building that does not conform in other respects to the regulations of this title for the district in which it is situated, but only to the extent necessary to permit the practicable utilization of such parcel.

(Ord. 1967-80 § 1 (6923), 1967)

Application for a variance shall be filed with the secretary of the board of adjustment by the applicant. The applicant shall submit all required data in accordance with Section 18.34.080.

(Ord. 1967-80 § 1 (6923.1), 1967)

If after review of the application the town staff determines that an initial study and/or an environmental impact statement is/are required pursuant to the California Environmental Quality Act and the town's local guidelines, the applicant shall furnish such data as required by the town.

(Ord. 1988-229 § 2 (part), 1988)

Section 18.34.090 shall govern.

(Ord. 1967-80 § 1 (6923.2), 1967)

When the application for a variance is filed, a fee established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6923.3), 1967)

Section 18.34.100 shall govern for the secretary of the board of adjustment.

(Ord. 1967-80 § 1, (6923.4), 1967)

Section 18.34.110 shall govern.

(Ord. 1967-80 § 1 (6923.5), 1967)

A. The board of adjustment shall grant the requested variance in whole or in part, if from the facts presented in connection with the application, or at the public hearing, it appears and the board of adjustment specifies in its findings the facts that establish:

1.

There are special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings that do not apply generally to other properties or uses in the district;

2.

Owing to such special circumstances the literal enforcement of the provisions of this title would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning;

3.

The variance is subject to such conditions as are necessary to assure the adjustment authorized will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and zone in which such property is situated;

4.

The variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity or in the district in which the property is located;

5.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not authorized by the zone regulation governing the parcel of property.

6.

That the granting of such variance shall be consistent with this title and the general plan.

B.

If the facts do not establish that all of the six conditions set forth in subsection A. of this section apply to the subject case, the board of adjustment shall deny the requested variance.

(Ord. 2008-371 § 1, 2008)

A. In authorizing the granting of any variance, the board of adjustment may require that the use conform with the site plan, architectural drawings or statements submitted in support of the application or such modification thereof as it may deem necessary to protect the public health, safety and general welfare and secure the objectives of this title and the general plan. The board may also impose such other conditions as it may deem necessary to achieve these purposes, including, but not limited to, the following:

 1. Special yards, open spaces and buffers;

 2. Fences and walls;

 3. Surfacing of parking areas and specifications therefore;

 4. Street dedications and improvements, including provision of service roads or alleys when practical and necessary;

 5. Regulation of points of vehicular ingress and egress;

 6. Regulation of signs;

 7. Landscaping and maintenance thereof;

 8. Maintenance of the grounds;

 9. Control of noise, vibration, odors and other potentially dangerous or objectionable elements;

 10. Limits on time for conduct of certain activities;

 11. Time period within which the proposed use shall be developed. See Sections 18.68.120 or 18.68.130;

 12. And such other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title and the general plan.

B.

The board of adjustment may require reasonable guarantees that such conditions will be complied with.

(Ord. 1967-80 § 1 (6923.7), 1967)

In addition to the requirements set forth in Section 18.70.090, a copy of the resolution shall be filed with the town clerk and one sent to the building inspector by the secretary of the board of adjustment.

(Ord. 1967-80 § 1 (6923.8), 1967)

Section 18.70.100 shall govern.

(Ord. 1967-80 § 1 (6923.9), 1967)

Section 18.70.080 shall govern.

(Ord. 1969-99 § 1 (part), 1969: Ord. 1967-80 § 1 (6923.10), 1967)

The board of adjustment may establish a time limit within which the subject property and use shall be developed. The time limits set by the board of adjustment shall be reasonable, based upon the size and nature of the proposed development. The time limit may be extended by the board of adjustment for good cause when the applicant presents proof of unusual conditions not of his own making.

(Ord. 1967-80 § 1 (6923.11), 1967)

If no time limit is established as provided under Section 28.68.120, Section 18.34.150 shall govern.

(Ord. 1967-80 § 1 (6923.12), 1967)

Section 18.34.160 shall govern.

(Ord. 1967-80 § 1 (6923.13), 1967)

Sections 18.78.010 through 18.78.110 shall govern.

(Ord. 1967-80 § 1 (6923.14), 1967)

Section 18.78.120 shall govern.

(Ord. 1967-80 § 1 (6923.15), 1967)

Section 18.34.180 shall govern.

(Ord. 1967-80 § 1 (6923.16), 1967)

Following the denial or revocation of a variance, no application for a variance for the same or substantially the same exception to this title on the same or substantially the same site shall be filed within one year from the date of denial or revocation of a variance.

(Ord. 1967-80 § 1 (6923.17), 1967)